Posted on 02/21/2006 5:16:57 PM PST by A.A. Cunningham
Court-Martial Begins in Marine's(sic) Drowning
Feb 21, 2006
By BRUCE SMITH
Associated Press Writer
PARRIS ISLAND, S.C.
A water survival instructor was just an arm's length away from a Marine recruit who drowned during basic training, a military prosecutor said Tuesday in the opening statements of the instructor's court-martial.
Staff Sgt. Nadya Lopez, 27, is charged with negligent homicide in the death of Jason Tharp, 19, who was in his fifth week of basic(sic) training when he died Feb. 8, 2005.
Other Marines pulled Tharp from the water, Capt. Doug Hatch, the military prosecutor, said in his opening statement. "The accused is the only one who did not pull him from the water," he said.
Lopez's attorney, Lt. Col. Scott Jack, said she did nothing wrong and "never stepped out of the bounds of training."
Neither Tharp, who was from Sutton, W.Va., nor his parents had any idea what to expect when he arrived at the training depot, Hatch said. But one thing they did expect was "that Jason Tharp would leave Parris Island alive."
Tharp's parents and sister attended the hearing Tuesday but declined to comment as they arrived.
Jack said testimony would show that Lopez always had a professional demeanor and supported Tharp during the water survival training. He told the military judge, Maj. Mark J. Griffith, that while the autopsy showed the cause of death was drowning, the drowning was accidental.
Tharp was apparently unhappy as a recruit. He wrote home several times saying he wanted to get out of the Marines, which he had joined to get money for college.
"I don't care about the money," he wrote his family six days before his death. "My health is in jeopardy because we don't have enough time to eat and I am getting sicker and sicker."
According to the autopsy report, Tharp was trying to tread water in 8 feet of water when he drowned.
The maximum punishment for a conviction on negligent homicide is dishonorable discharge, forfeiture of all pay and allowances and confinement for three years.
Another charge against Lopez of failure to obey orders was dropped after a military judge ruled it was too constitutionally broad.
About 20,000 recruits pass through the Parris Island Recruit Depot each year for water survival training.
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Neither Tharp, who was from Sutton, W.Va., nor his parents had any idea what to expect when he arrived at the training depot, Hatch said.
Bravo Sierra, Captain Hatch. The jury will disregard your theatrics.
He wrote home several times saying he wanted to get out of the Marines, which he had joined to get money for college.
Volunteering to serve in the Marine Corps for the sole purpose of getting money for college is a mistake.
"My health is in jeopardy because we don't have enough time to eat and I am getting sicker and sicker."
I wonder if Tharp failed to note in his letters home that he, along with every other recruit in his platoon, was given the opportunity every night during health and hygiene inspection to report any medical problems he was experiencing and be sent to sick bay for treatment. After five weeks at Parris Island Tharp should have been well acclimated to the time he, along with every other recruit in his platoon, is given to eat.
She didn't pull him from the water so she's charged with negligent homicide? I hope for the prosecutor that there's more to his case than this.
"Tharp was a recruit not a Marine."
When the enlistee dies during training, I think we can call him a marine, any argument against that could be called undue legalism at this point. The greater issue is the training NCOs inability to handle this anticipated training problem during her indoor class.
If Thorpe enlisted to earn college money, he certainly could have picked an easier service than the USMC. And another thing that doesn't make sense is: "A water survival instructor was just an arm's length away". If she was that close to Thorpe, how did she not notice that he was drowning?
Thorpe should be Tharp. Thorry.
You are quite mistaken. Referring to a recruit as a Marine is a factual error on both your part and that of the headline editor.
The greater issue is the training NCOs inability to handle this anticipated training problem during her indoor class.
Lopez is a SNCO and you are assuming facts not entered into evidence. Were you present at the pool when this drowning occurred?
It appears that SSgt Lopez was the senior Marine present at the time of the incident and therefore will be held responsible for the death. Unfortunate circumstances for all concerned.
Disagree completely, I think that the greater issue is if she looks as hot as I think she would in a bikini.
I could see this either way, but I doubt she'll be convicted of "negligent homicide" if she was standing right there, watching (as opposed to being away from her post, goofing off).
I'm not a doctor, but I suspect that, if you put 10,000+ recruits through an anti-drowning exercise in 20 years' time, you're going to get a few -- very few, but NOT NONE -- who aspirate enough water that they require resuscitation, and may not always pull through.
If the trainers ALways imMEDiately pull a trainee out of the water once his head goes under, then there will be very little training value to the exercise, I am guessing. It'd be like saying you'd taught a kid to ride a bike, even though he never took the training wheels off, or something. (I'm unable to come up with a good analogy just now.)
I haven't assumed anything, but I am surprised at the defensiveness being shown, she'll have her court martial then we'll know the facts.
"Disagree completely, I think that the greater issue is if she looks as hot as I think she would in a bikini."
Works for me.
I've learned from another source that Lopez requested a trial by judge. Her reasoning being:
Every accident is a crime with today's prosecutors.
Bingo. Too many Marines don't acknowledge this simple fact!
In Army boot,we learned to"Swallow it now,chew it later!
Don't get your hopes up!
I think she is a Lez.
No, she wasn't.
You've assumed quite a bit, your denial nothwithstanding, since you weren't at the pool that day.
That's a sad story for everyone involved. I hope the recruit's loved ones are comforted in their sorrow.
There are a lot of us who begged our parents to come get us after we had a little taste of basic training. That's hardly news worthy.
Water and Marines have to mix. I've seen a 6 foot person lay on the bottom in five feet of water. He finally learned to swim.
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